Letter · Personal Injury & Compensation

Request to the Transport Accident Commission for attendant care or post-acute support

Letter asking the Transport Accident Commission to fund attendant care or post-acute support after a transport accident. The opened policy does not describe a separate lifetime support scheme.

Kind: Letter. A letter or email you adapt and send.
Where it applies: Victoria
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the authority it cites, for Victoria.
Version: 1
Source: Written for this library

When to use it

Use when a person with a Transport Accident Commission claim asks the Commission to fund attendant care, or temporary post-acute support after leaving hospital. Do not use it for a serious injury certificate, a late Part 3 claim, or a VCAT review.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may prepare the request and a table of the care already recommended in the file, and the lawyer checks the hours, the five-year post-acute limit and whether the severe-injury exception applies.

AI may

List the personal-care and daily-living tasks a treating report already recommends
Record hours a week for post-acute support, child care and home services, and whether the total is within 40
Note overseas travel dates if the request includes them, up to the weeks the policy states

AI must not

Must not call this a lifetime support scheme or a National Injury Insurance Scheme. No such Victorian statute was opened
Must not define severe injury. The definition page linked from the policy was not opened
Must not decide that the care is reasonable, necessary, appropriate, clinically justified, safe or effective
Must not draft a serious injury certificate request, a Part 3 claim, or a VCAT application

The lawyer checks

The policy says the Commission can pay for attendant care provided within Australia if the person needs help with personal care and daily living, and can fund temporary post-acute support after the person leaves hospital
Post-acute support is payable only for up to 5 years from the accident unless the person has a severe injury. The definition page was not opened. Do not define it here
Up to 40 hours a week covers any combination of post-acute support, child care and home services. The policy describes home services as cleaning and gardening
Overseas, attendant care is by a suitable agency at the destination. The policy can approve up to 8 weeks in any year, plus an additional 4 weeks where attendant care is required for travel as part of employment
The policy does not support employment of family members as paid support workers. A provider may use a family member for up to three months, longer if more time is needed to find a worker, where location or exceptional needs require it
A family member employed in that role before 1 July 2021 can continue if the employment requirements are met. The provider guidelines were not opened
Payment is in line with the Transport Accident Act 1986. No section of that Act was opened for this policy, so no section is cited. The fee schedule and the individualised-funding page were not opened
There is a limit per service. If the cost exceeds the maximum rate the client may pay the difference. The fee schedule was not opened
The policy will not pay for care unrelated to the transport accident injuries, or care that is not reasonable, necessary, appropriate, clinically justified, safe and effective
It will not pay for attendant care while the person is an inpatient in a public, contracted or arrangement hospital, for a support worker's travel, meals and tickets, or for cancelled-shift fees
Health, wage and scheme records stay in the firm's approved tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Transport Accident Commission, Attendant care policy (attendant care and post-acute support, hours, overseas travel, exclusions, and family members as paid support workers)

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